Unofficial translation
In accordance with Article 10, subparagraph 1) of the Law of the Republic of Kazakhstan dated April 15, 2013 “On public services,” I hereby ORDER:
1. To approve the attached Rules of public service provision "Issuance of license for liquidation activities by means of destruction, disposal, dumping and processing of the released ammunition, weapons, military equipment, and special equipment ".
2. In accordance with the procedure established by the legislation, the Department for the Development of the Military-Industrial Complex of the Ministry of Industry and Infrastructural Development of the Republic of Kazakhstan shall:
1) ensure the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) place this order on the Internet resource of the Ministry of Industry and Infrastructural Development of the Republic of Kazakhstan after its official publication.
3. Control over the execution of this order shall be entrusted to the supervising Vice-Minister of Industry and Infrastructural Development of the Republic of Kazakhstan.
4. This order shall enter into force upon expiry of twenty-one calendar days after the date of its first official publication.
| Acting Minister | |
| of Industry and Infrastructural | |
| Development of the Republic of Kazakhstan | K. Uskenbayev |
"AGREED"
Ministry of Digital Development,
Innovation and Aerospace Industry
of the Republic of Kazakhstan
| Approved by the order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated April 13, 2020 № 197 |
On approval of Rules for public service provision
"Issuance of license for liquidation activities by means of destruction, disposal, dumping and
processing of the released ammunition, weapons, military equipment, and special equipment" Chapter 1. General provisions
1. These Rules for the Provision of Public services "Issuance of license for liquidation activities by means of destruction, disposal, dumping and processing of the released ammunition, weapons, military equipment, and special equipment" (hereinafter referred to as the Rules) shall be developed according to Article 10, subparagraph 1) of the Law of the Republic of Kazakhstan dated April 15, 2013 "On public services" and shall define the procedure of public service provision "Issuance of license for liquidation activities by means of destruction, disposal, dumping and processing of the released ammunition, weapons, military equipment, and special equipment"
2. The Rules shall apply to individuals and legal entities.
3. Public service "Issuance of license for liquidation activities by means of destruction, disposal, dumping and processing of the released ammunition, weapons, military equipment, and special equipment" (hereinafter referred to as the public service) shall appear the Ministry of the Industry and Infrastructural Development of the Republic of Kazakhstan (hereinafter referred to as the service provider) according to these Rules.
4. Public services shall be provided to service recipients on a paid basis. For the provision of public services, a license fee shall be charged for the right to engage in certain types in accordance with paragraph 6 of the list of basic requirements for the provision of public services “Issuance of license for liquidation activities by means of destruction, disposal, dumping and processing of the released ammunition, weapons, military equipment, and special equipment” (hereinafter referred to as the List), in accordance with the Code of the Republic of Kazakhstan dated December 25, 2017 “On taxes and other obligatory payments to the budget (Tax Code)”.
Footnote. Paragraph 4 as amended by order of the acting Minister of Industry and Construction of the Republic of Kazakhstan dated 19.12.2023 № 136 (shall come into effect upon expiration of sixty calendar days after the day of its first official publication). Chapter 2. The procedure for public service provision
"Issuance of license for liquidation activities by means of destruction, disposal, dumping and
processing of the released ammunition, weapons, military equipment, and special equipment"
5. An individual or legal entity (hereinafter referred to as the Service recipient), in order to receive a public service, shall send documents to the service provider through the “electronic government” web portal (hereinafter referred to as the Portal) in accordance with paragraph 8 of the List.
Footnote. Paragraph 5 as amended by order of the acting Minister of Industry and Construction of the Republic of Kazakhstan dated 19.12.2023 № 136 (shall come into effect upon expiration of sixty calendar days after the day of its first official publication).6. The service provider shall register the documents and information specified in paragraph 5 of the Rules on the day of their receipt.
In case of application after the end of working hours, on weekends and holidays according to the labor legislation of the Republic of Kazakhstan, the application shall be accepted and the result of the public service provision shall be issued during the next working day.
When the service recipient submits all the necessary documents through the portal - in the "personal account" of the service recipient, the status of acceptance of the request for the provision of public service shall be displayed with the date of receipt of the result of the public service.
Information of documents, on state registration (re-registration) of a legal entity, on state registration as an individual entrepreneur, on a license, confirmation of payment to the budget of the license contribution in case of payment through the payment gateway of the "electronic government" (hereinafter referred to as the PGEG), the service recipient shall receive from the relevant state information systems through the PGEG. The authorized body shall receive information on identity documents, state registration (re-registration) of a legal entity from the relevant state information systems through the gateway of "electronic government."
7. Period of public service provision:
1) when issuing a license and/or the annex to the license - 15 (fifteen) working days;
2) upon re-issuance of the license and/or annex to the license - 3 (three) working days;
3) upon re-issuance of the license and (or) annex to the license in case of reorganization of the service recipient in the form of allocation or separation - 15 (fifteen) working days;
4) when issuing duplicate licenses and/or annexes to the license - 2 (two) working days.
In cases of presentation by the service recipient an incomplete package of documents according to the list provided for in paragraph 5 of the Rules, the service recipient shall refuse to further consider the application within 2 (two) working days.
8. If the service recipient submits the complete package of documents specified in paragraph 5 of the Rules:
the service provider shall verify the reliability of the submitted documents and the compliance of the service recipient and/or the submitted documents with the requirements of these Rules;
within 1 (one) working day from the date of receipt of the submitted documents to the service provider, a request shall be sent to the relevant public authority in the field of civil protection for approval, with the exception of re-issuance of the license and/or annex to the license and duplicate license and/or annex to the license.
The public authority shall, on the basis of the request of the permitting authority, within ten working days send a response to the relevant permitting authority on compliance or non-conformity of the applicant with the requirements set out in the licensing or in the implementation of permitting procedures.
If the authorities fail to respond within the prescribed time frame, the issuance of the permission shall be deemed to be agreed.
9. Based on the results of the actions mentioned in paragraph 8 hereof, a license and (or) an annex to the license or a reissued license and (or) an annex to the license or a duplicate license and (or) an annex to the license shall be issued for the implementation of activities on liquidation by destruction, disposal, burial and processing of released ammunition, weapons, military equipment and special means.
In case of revealing the grounds for refusal in rendering the public service, the service provider shall notify the service recipient of the preliminary decision on refusal in rendering the public service, as well as the time and place (method) of the hearing for the opportunity to express to the service recipient the position on the preliminary decision.
A notification of the hearing shall be sent at least three (3) business days prior to the end of the term of rendering the public service. The hearing shall be held no later than 2 (two) business days from the date of notification.
Following the results of the hearing, the service provider shall draw up a positive result or a motivated refusal in rendering the public service.
The result of rendering the public service shall be sent to the personal profile of the service recipient in the form of an electronic document signed by an electronic digital signature (hereinafter - EDS) of the authorised person of the service provider.
Footnote. Paragraph 9 - as revised by order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan № 189 dated 06.04.2022 (shall come into effect upon expiration of sixty calendar days after the day of its first official publication).10. The grounds for refusal to provide public services established by the legislation of the Republic of Kazakhstan shall be indicated in paragraph 9 of the List.
Grounds for re-issuing a license to carry out liquidation activities by means of destruction, disposal, dumping and processing of the released ammunition, weapons, military equipment, and special equipment and actions of the service provider in case of applying for re-issuance of the license:
1) changes in the last name, first name, and patronymic (if any) of the individual licensee;
2) re-registration of an individual entrepreneur-licensee, changing his name or legal address;
3) reorganization of the legal entity-licensee in accordance with the procedure determined by Article 34 of the Law of the Republic of Kazakhstan “On Permissions and Notifications”;
4) changes in the name and (or) location of the legal entity-licensee (if the address is indicated in the license);
5) alienation by the licensee of a license issued under the class “permissions issued for objects”, together with the object in favor of third parties in cases where the alienation of a specific license is provided for in Annex 1 of the Law of the Republic of Kazakhstan “On Permissions and Notifications”;
6) changing the address of the location of an object without physically moving it for a license issued under the class “permissions issued for objects” or applications to a license indicating objects;
7) the presence of a requirement for re-registration in the laws of the Republic of Kazakhstan.
The effects of subparagraphs 2), 4) and 6) of part two of this paragraph shall not apply to cases where changes in the legal address of an individual entrepreneur-licensee, the address of the location of the legal entity-licensee, the address of the location of the facility for a license issued under the class “permissions issued for objects”, or for applications to a license indicating objects occurred in connection with a change in the names of settlements, street names in accordance with the requirements of the Law of the Republic of Kazakhstan “On the administrative-territorial structure of the Republic of Kazakhstan”. Such changes in the address of licensees and the object of the license shall be carried out through the integration of government information systems.
Footnote. Paragraph 10 as amended by order of the acting Minister of Industry and Construction of the Republic of Kazakhstan dated 19.12.2023 № 136 (shall come into effect upon expiration of sixty calendar days after the day of its first official publication).11. The service provider shall ensure that data on the stage of provision of public services is entered into the information system for monitoring the provision of public services.
When providing a public service through the state information system of permissions and notifications, data on the stage of provision of the public service enters automatically into the information system for monitoring the provision of public services.
The authorized body, within three calendar days after the state registration of the subordinate regulatory state act, shall send information about the changes and (or) additions to these Rules that determine the procedure for the provision of public services to the service provider, the operator of the information and communication infrastructure of “electronic government” and to the Single Contact -center.
Footnote. Paragraph 11 as amended by order of the acting Minister of Industry and Construction of the Republic of Kazakhstan dated December 19.12.2023 № 136 (shall come into effect upon expiration of sixty calendar days after the day of its first official publication).Chapter 3: Procedure for appealing against decisions, actions (inaction) of the service provider on the issues of rendering public services
Footnote. Chapter 3 - as reworded by order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan №. 189 of 06.04.2022 (shall take effect upon the expiration of sixty calendar days after the date of its first official publication).
12. A higher administrative body, an official, an authorised body for assessment and control over the quality of public services (hereinafter referred to as the body considering the complaint) shall consider the complaint regarding the provision of public services.
The complaint shall be filed to the service provider and (or) to the official whose decision, action (inaction) is being appealed against.
Not later than three business days from the day of receipt of the complaint, the service provider, the official whose decision, action (inaction) is being appealed shall forward it and the administrative file to the body reviewing the complaint.
Herewith, the service provider, official, decision, action (inaction) being appealed shall not forward the complaint to the body considering the complaint, if within three business days it adopts a decision or other administrative action fully satisfying the requirements stated in the complaint.
Pursuant to paragraph 2 of Article 25 of the Law, the service recipient's complaint filed with the service provider shall be reviewed within five business days from the date of its registration.
The complaint of the service recipient, received by the competent authority for evaluation and control over the quality of public services shall be reviewed within 15 (fifteen) business days from the date of its registration.
Except as otherwise envisaged by the law of the Republic of Kazakhstan, an appeal in court shall be allowed after an appeal in the administrative (pre-trial) procedure under paragraph 5 of Article 91 of the Administrative Procedural Code of the Republic of Kazakhstan.
| Annex 1 to the Rules "Issuance of license for liquidation activities by means of destruction, disposal, dumping and processing of the released ammunition, weapons, military equipment, and special equipment" |
List of basic requirements for the provision of public services
“Issuance of license for liquidation activities by means of destruction, disposal, dumping and
processing of the released ammunition, weapons, military equipment, and special equipment”
Footnote. Appendix 1 - as amended by the Order of the Acting Minister of Industry and Construction of the Republic of Kazakhstan dated 19.12.2023 № 136 (effective sixty calendar days after the date of its first official publication).
Name of the state service “Issuance of license for liquidation activities by means of destruction, disposal, dumping and processing of the released ammunition, weapons, military equipment, and special equipment” | ||
1 | Name of the service provider | Ministry of Industry and Construction of the Republic of Kazakhstan. |
2 | Methods of providing public services |
Applications shall be accepted and results shall be issued through: |
3 | Duration of provision of public services |
1) when issuing a license and (or) annex to the license - 15 (fifteen) working days; |
4 | Form of provision of public services |
Electronic (partially automated): |
5 | The result of the provision of public services |
The result of the provision of public services shall be a license and (or) annex to a license, a reissued license and (or) annex to a license, a duplicate of a license and (or) annex to a license to carry out liquidation activities through the destruction, disposal, dumping and processing of released ammunition and weapons, military equipment, special equipment, or a reasoned response about the refusal to provide a public service in the cases and on the grounds provided for in paragraph 10 of the List. |
6 | The amount of payment collected from the service recipient when providing a public service, and methods of collecting it in cases provided for by the legislation of the Republic of Kazakhstan |
For the provision of public services, a license fee shall be charged for the right to engage in certain types of activities: |
7 | Service provider's work schedule |
1) service provider - from Monday to Friday, from 9 a.m. to 6 p.m., except weekends and holidays, in accordance with the labor legislation of the Republic of Kazakhstan; |
8 | List of documents required for the provision of public services |
to the “electronic government” portal |
9 | Grounds for refusal to provide public services established by the legislation of the Republic of Kazakhstan |
1) engaging in an activity prohibited by the laws of the Republic of Kazakhstan for this category of individuals or legal entities; |
10 | Other requirements taking into account the specifics of the provision of public services, including those provided in electronic form and through the State Corporation |
1. Addresses for the provision of public services shall be posted on the Internet resource of the service provider – www.mdai.gov.kz. |
| Annex 1 to the List of basic requirements for the provision of public services “Issuance of license for liquidation activities by means of destruction, disposal, dumping and processing of the released ammunition, weapons, military equipment, and special equipment” |
Form
Application of an individual for license acquisition and/or annex to the license
To _________________________________________________________________
(full name of the licensor)
from _______________________________________________________________
(last name, first name, patronymic (if any) of an individual, individual identification number)
I hereby request to issue a license and (or) annex to the license to carry out _________
______________________________________________________________________
(indicate the full name of the type of activity and (or) subtype(s) of activity)
Address of residence of an individual _____________________________________
(postal code, region, city, district, settlement, street name, house/building number)
Email ______________________________________________________________
Telephone numbers ___________________________________________________
Fax ________________________________________________________________
Bank account ________________________________________________________
(account number, name and location of the bank)
Address of the object of activity or action (operations)________________________
(postal code, region, city, district, locality, street name, house/building number (stationary premises) _____ sheets are attached.
It is hereby confirmed that:
all specified data are official contacts and any information may be sent to them on issues of issuing or refusing to issue a license and (or) annex to the license;
the applicant is not prohibited by the court from engaging in a licensed type and (or) subtype of activity;
all attached documents are valid;
the applicant agrees to the use of limited access personal data that constitutes a secret protected by law, contained in information systems, when issuing a license and (or) annex to the license; the applicant agrees to have the application certified by an electronic digital signature of an employee of the public service center (in case of application through the public service center).
Individual _______ _______________________________________________
(signature) (last name, first name, patronymic (if any)
Date of filling: “___” _____ 20___
| Annex 2 to the List of basic requirements for the provision of public services “Issuance of license for liquidation activities by means of destruction, disposal, dumping and processing of the released ammunition, weapons, military equipment, and special equipment” |
Form
Application of the legal entity for license acquisition and/or annex to the license
To ___________________________________________________________________
(full name of the licensor)
from __________________________________________________________________
(full name, location, business identification number of a legal entity (including a foreign
legal entity), business identification number of a branch or representative office of a foreign
legal entity - in the absence of a business identification number for a legal entity)
I hereby request to issue a license and (or) annex to the license to carry out ____________
________________________________________________________________________
(indicate the full name of the type of activity and (or) subtype(s) of activity)
Address of the legal entity ________________________________________________
(postal code, country (for a foreign legal entity), region, city, district, populated area point,
street name, house/building number (stationary premises)
Email _________________________________________________________________
Telephone numbers ______________________________________________________
Fax ___________________________________________________________________
Bank account ___________________________________________________________
(account number, name and location of the bank)
Address of the object of activity or actions (operations) __________________________
_______________________________________________________________________
(postal code, region, city, district, populated area) point, street name, house/building number (stationary premises) ______ sheets are attached. It is hereby confirmed that:
all specified data are official contacts and any information on issues of issuing or refusing to issue a license and (or) annex to the license can be sent to them;
the applicant is not prohibited by the court from engaging in the licensed type and (or) subtype of activity; all attached documents are true and valid;
the applicant agrees to the use of limited access personal data, constituting a secret protected by law, contained in information systems, when issuing a license and (or) annex to the license;
the applicant agrees to certify the application with an electronic digital signature of an employee of the public service center (in case of application through the public service center).
Head of ________ __________________________________________
(signature)
(last name, first name, patronymic (if any)
Date of completion: “__” __________ 20__
Form
Application by an individual for re-issuance of a license and (or) annex to the license
To ____________________________________________________________________
(full name of the licensor)
dated __________________________________________________________________
(last name, first name, patronymic (if any) of an individual, individual identification number)
I hereby request to re-issue the license and (or) annex to the license
(underline as appropriate)
№________________ dated ____________ 20___, issued)
_______________ (number(s) of the license and (or) annex(s) to the license, date of issue,
name of the licensor who issued
______________________________________________________________________
the license and (or) annex(s) to the license) to carry out
______________________________________________________________________
(full name of the type of activity and (or) subtype(s) of activity)
on the following basis(s) (specify in the appropriate cell X):
1) change of surname, name, patronymic (if any) of an individual licensee ___________
_______________________________________________________________________
2) _____________________________________________________________________
re-registration of an individual entrepreneur- licensee, change of its name _______________
3) re-registration of an individual entrepreneur-licensee, change of its legal address ________
4) alienation by the licensee of a license issued under the class “permissions issued for objects”,
together with the object in favor of third parties in cases where alienation of the license
is provided for in Annex 1 to the Law of the Republic of Kazakhstan
“On Permissions and Notifications” ________
5) changing the address of the location of an object without physically moving it for a license
issued under the class “permissions issued for objects” or applications to a license indicating
objects _________________________________________________________________
6) the presence of a requirement for re-registration in the laws of the Republic of Kazakhstan
_______________________________________________________________________
7) change of name type of activity ___________________________________________
8) change in the name of a subtype of activity __________________________________
Residence address of an individual ___________________________________________
(postal code, region, city, district, settlement, street name, house/building number)
Email _______________________________________________________
Telephone numbers ____________________________________________
Fax _________________________________________________________
Bank account _________________________________________________
(account number, name and location of the bank) Address of the object of activity or actions (operations)
_______________________________________________________________________________
(postal code, region, city, district, settlement, street name, house/building number (stationary premises) _____ sheets are attached.
It is hereby confirmed that:
all specified data are official contacts and they can be sent any information on the issues of issuing or refusing to issue a license and (or) annex to the license;
the applicant is not prohibited by the court from engaging in a licensed type and (or) subtype of activity;
all attached documents are valid; the applicant agrees to the use of personal data of limited access, constituting a secret protected by law, contained in information systems, when issuing a license and (or) annex to the license;
the applicant agrees to have the application certified by an electronic digital signature of an employee of the public service center (in case of application through the public service center).
Individual ________ _______________________________________
(signature) (last name, first name, patronymic (if any)
Date of completion: “__” _____ 20__
Form
Application by a legal entity for re-issuance of a license and (or) annex to the license
To ______________________________________________________________________
(full name of the licensor)
from ____________________________________________________________________
(full name, location, business identification number of a legal entity (including a foreign legal entity),
business identification number of a branch or representative office of a foreign legal entity - in
the absence of a business identification number for a legal entity)
Please re-issue the license and (or) annex(s) to the license (underline as appropriate)
№__________ dated "___" _________ 20___, issued by ___________________________
____________________________________________________________________
(number(s)
of the license and (or) annex(s) to the license, date of issue, name of the licensor who issued
the license and (or) annex(s) to the license)
To carry out ______________________________________________________________
(full name of the type of activity and (or) subtype(s) of activity)
on the following basis(s) (specify in the appropriate cell X):
1) reorganization of the legal entity-licensee in accordance with the procedure determined
by Article 34 of the Law of the Republic of Kazakhstan “On Permissions and Notifications”
by (specify in the appropriate cell X):
merger ____transformation ____accession ____separation ____division ____
2) change of the name of the legal entity-licensee ________
3) change of location of the legal entity-licensee ____
4) alienation by the licensee of a license issued under the class “permissions issued for objects”,
together with the object, in favor of third parties in cases where alienation of the
license is provided for in Annex 1 to the Law of the Republic of Kazakhstan
“On Permissions and Notifications” ___________________
5) change in the address of the location of the object without its physical movement for a license
issued under the class “permissions issued for objects” or annexes to the license indicating
objects __________________________________________________________________
6) presence of a requirement for re-registration in the laws of the Republic of Kazakhstan
__________________________________________________________
7) change in the name of the type of activity ______________________
8) change in the name of the subtype activities ____________________
Address of the legal entity ____________________________________
(country - for a foreign legal entity, postal code, region, city, district,
settlement, street name, house/building number (stationary premises)
Email ____________________________________________________
Telephone numbers _________________________________________
Fax ______________________________________________________
Bank account ______________________________________________
(account number, name and location bank)
Address of the object of activity or actions (operations)_____________
(postal code, region, city, district, settlement, street name, house/building number (stationary premises) ______ sheets are attached.
It is hereby confirmed that:
all specified data are official contacts and any information on issues of issuing or refusing to issue a license and (or) annex to the license can be sent to them;
the applicant is not prohibited by the court from engaging in a licensed type and (or) subtype of activity;
all attached documents are valid;
the applicant agrees to the use of personal restricted access data constituting a legally protected secret contained in information systems when issuing a license and (or) annex to the license;
the applicant agrees to have the application certified by an electronic digital signature of an employee of the public service center (in case of application through the public service center).
